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taesbetch · 7 years

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P R O T E G E R E | Part One

Pairing: Jimin x Reader

Genre: Fluff, Angst, Smut BodyGuard!AU Princess!AU

Summary: In a land where the crown means everything, everything will be risked in order to protect it. when Y/ns older brother dies its time for her to claim the throne, however, she is seen as weak and an easy target to those lurking in the shadows. The park clan has been trained from birth to protect the throne and those on them, but the death of Y/ns Brother and other suspicious events seem to of happened coincidentally close. what happens is something no one is ready for.

Word Count: 6k+

It was too early in the morning.

The sun had not risen but the sheer darkness of night was faded and instead lay a coat of light blue and the sounds of animals waking.

“what do you mean…” you whispered in confusion as the morning birds chirped and the temptation to fall back into slumber nipped at you.

“your highness…y-your brother has been killed” the maid whispered sadly, rolls of tears descending her pale face.

It was only then had you realised the dominate stain of red on her white uniform, the speckles of dirt on her hands and the trauma resigning in her eyes.

You ran as quickly as you could to the throne room, your heart pounding at a speed you didn’t think possible.

Your father had died merely a week ago, what sin had you committed to deserve this bitter cruelty.

The warm red silk that was placed as a decoration was spread throughout the entire room; the warm glow only feeding into your pain as you remembered it was your brother who had picked out the stunning décor.

“mother is it true?” you asked hastily as a pool of tears waited for confirmation, a row of maids following you with proper clothing for you were in mourning but were still a princess.

“for goodness sakes child, put some proper clothing on” the old woman barked at you. her wrinkled skin empty of emotion and her eyes full of thought as she stood near a large window, letting her peer down on the village below.

If it weren’t for the biological relationship you shared you would not dare speak to the woman. She was never a mother figure to you and at this point never would be.

“answer the question!” you shouted in frustration as you shook off the hands of hesitant maids.

Her head snapped towards you in shock, rage and anger quickly filling her face before she hiked up her skirt and marched her way towards you.

Fear would have crawled into your body if not for the feeling of pure despair that currently ran its course through your veins.

“Hold your tongue you ungrateful brat! How dare you talk to me like that! Yes. Your idiot brother is dead, do not weep. You have no time for that, you must step up and get ready to take the throne” she hissed at you, her hand raised in the air ready to strike you across the face.

“my lady you must not raise your hand at the queen to be” A servant girl commented quietly as the watched the scene in front of them unfold.

Your mother quietly scowled at the girl before turning on her heels and making her way towards the exit.

You slowly made your way towards the marble floor basking in the information of your only brother’s death.

“how…how did he die” you demanded quietly as the tears pouring from your eyes the feeling of stinging familiar as you were in the same position after finding out your father had passed in his sleep.

“Your highness…I don’t think you want to know” the girl servant who had corrected your mother whispered quietly.

The tension between you and the servants was intense. No vocal pain could be heard as the flowing of your tears screamed louder than words could.

“Tell me…” you whispered softly as you rose from the ground.

“his…his head…he was decapitated your highness”

---

“Princess...” your main maid Yeong called gentle as you sat at the edge of your bed in shock.

“decap..itated..” you whispered for the tenth time in that hour.

Who would decapitate such a loving and gentle soul. Kim Namjoon…a wise man, a caring brother and a great leader. Your father had put everything he had into readying the two of you for royalty. You had never been the type to crave the throne, neither of you had. But Namjoon was made to rule, it was in his blood…it was what he was meant to do.

As soon as he noticed your mother’s animosity towards the both of you he quickly took on the role himself, making sure you had eaten, that you were both mentally and physically okay and teaching you life lessons where ever he could.

Panic set in as you realised what this meant…

You were now Queen.

Of course, you could not become queen until your 18th birthday and with that 6 months away it didn’t leave you much time to prepare.

You had your opinions on politics and like any royal knew what was important and what wasn’t. however, you had never cared for the rules as much as your brother did; never felt like you needed to know the minor details of dinner etiquette or the strict life of the King.

This whole thing just seemed weird to you…

“what’s on your mind?” Yeong asked calmly as she brushed your hair.

“…doesn’t seem strange, first my father and now my brother…in just a week” you confessed, a confused look on your face.

“Princess, you must not let your mind wonder…you are in mourning, it’s not uncommon to try and find an explanation. Do not stress yourself, you have too much to worry about as it is” she replied, careful not to offend you.

“they were in perfect health…it makes no sense! And my brother?! Who would dare? Why is no one talking about the fact that my brother was murdered?” you asked in confusion as the palace was quiet as if nothing had happened.

“your father was a great king…he did everything for the people and they loved him for it. No one would hurt him. Your brother…smart, incredibly smart. I agree the palace is a little too quiet but there should be a time for mourning my princess” she added as you continued to ponder your thoughts.

It all seemed to coincidental to you…

A knock on your chamber doors brought your mind back to reality.

“your highness, your uncle calls you to the front yard. He wishes to speak to you” a male guard you were not familiar with stated strongly.

His strong jawline and tall figure gave you safe yet suspicious vibes.

“yes, of course” you answered before getting up to let him escort you. The dress you wore was heavier than usual, your mothers pick always confused you but arguing was of no use, so you agreed with her decisions. The pink was too rich for your liking but suited you nether the less.

“congratulations” the guard commented as the two of you walked through the palace.

You were shocked at his confidence to speak so informally too you, but the intention of his comment confused you even more.

“excuse me?” you asked confused as you halted your walk. The guard kept moving forwards before laughing and turning back around to you.

“you’re not happy? My dear, you should celebrate! The crown is now yours” he cheered excitedly leaving you gaping in shock.

“watch your mouth…that is my deceased family you speak of” you sneered angrily as your eyes narrowed.

He scoffed before placing his hands on his hips.

“Royals are not family, do not mistake them to be. Royals are people who wait for other people to die, in hopes that they can shine in the spotlight” he explained as anger continued to boil within you.

“I don’t know who you are or who you think you are but how dare you speak of my family like that to me. I am in no place to deal with someone of your ignorance so I will walk myself to see my uncle. You are dismissed” you huffed before storming past the cocky stranger.

As you marched your way towards your uncle you thoughts swirled uncontrollably.

Of course…the throne was a waiting game.

But if your father and brother were killed off by the same person what would they gain by it.

If it was someone inline for the throne they would have to kill you off too, then your uncle would be heir but he stepped down from the throne for freedom why would he want it back? He had also aided your father in making sure Namjoon was properly settled.

After your uncle is your cousin but that idiot will never be allowed on the throne…ugh it just seems like a lot of people to go through to get on the throne…there must be something else.

You’ve heard of rebellions against the throne but not against your family, never against your family.

“Y/n!” your uncle called as you opened the glass doors towards the gardens.

“uncle” you sighed in relief as the older man’s eyes sparkled with wisdom and life as always. The deaths of both your father and your brother were clearly taking a toll on him. The poor man would have had to take over orders while your preparations for your coordination were being made.

“i…I don’t know what to say…I was never good at passing’s” you uncle chuckled nervously as he scratched the back of his head.

“it’s okay, I think it would be best if nothing was said at all” you mumbled as you seated yourself next to him.

“you know what this means don’t you?” he asked, his tone more deep and serious.

“yes, i’m afraid I do..”

He took a deep breath before looking up at the sky.

“uncle…do you…do you think someone purposely murdered both my father and brother?” you asked cautiously, the feeling that these accidents were winded together eating at you.

“don’t be silly, your father died of natural causes and your brother’s death was a servant gone rogue. Do not let such thoughts flood your mind” he spat harshly before taking a breath and relaxing “you have too much on your plate, let us do the thinking, you focus on what’s important”.

You bite your tongue as your eyes shot to the floor. Maybe he’s right…maybe this was just a coincidence.

“i.. I’m afraid you have much too learn. If I had known that you would be put in such a stressful situation I would have focused as much attention on you as I did your brother. 6 months may not be enough time for you to be ready” he sighed.

“i know…I know that I am young, and I don’t know much...and…uncle I’m scared. I don’t know what to do now that their gone” you whimpered as all emotions flooded back in an instant.

“My dear child, you don’t have too. You are only seventeen and have lost both father and brother in the span of a week. We are here for you and we will take on the heavy burden of royalty until you are ready” he cooed as he held you tightly.

You were forever grateful for your un-

“we?” you asked in confusion as you pulled away from the man.

“..er…yes, me and…and your aunt” he confessed sheepishly.

“my aunt?” you asked in shock. You have never heard of an aunt before. Never once, not even on your mother’s side did you have an aunt, it just was unheard of.

“your father and I thought it would be best if we kept her…well away from the two of you. she’s a little…harsh?” he answered carefully, doubting each word as they left his mouth.

“anyway, due to recent events she has decided it would be best if she were here” he added tensely, clearly not happy with her choice.

“well, when is she coming?!” you asked in anticipation as you wiped your tears in a rush.

Before your uncle could answer a guard burst through the doors, sweat covering his forehead as if he had just run through the entire palace.

“she’s here”

---

Awkward wasn’t the right word. But intense was.

The two sides stood facing each other in the throne room, almost as if they were readying themselves for war. Your uncle's soldiers were padded up with metal protection, the silver gleaming brightly as the sun’s rays reflected off of them.

It was a perfect contrast to your aunt’s soldier’s coated in sleek black they wore thin metal protectors but were belted with a variety of weapons. The men were confident, and all held sharp intimidating gazes.

The woman who had been called your aunt stood tall and broad, her raven black hair matched her raven black eyes as they stared your uncle down.

No one spoke as glances and glares were exchanged. One, in particular, catching your eye. His cold yet protective stare never leaving your figure even if you looked away.

“i-i-it’s nice to finally meet you” you stuttered nervously as you tried to break the silence.

Her eyes slowly trailed from your uncle to you, making sure to take in every aspect of you.

“step forward child” she ordered strongly.

“do not listen to her, how dare you bark orders at our soon to be queen” your uncle seethed.

“She is weak and fragile and if you had prepared her correctly I wouldn’t need to step in” she barked back.

“she is a child and the second child to be exact! There was no need!” your uncle shouted at the unamused woman.

She looked at you sharply before beckoning you with her hand. “child come forward. Or do you have to check with your dearest uncle before you make any movement” she teased as a smirk appeared on her face.

“You can see from where you are just fine. And no, I do not need to check with my uncle before I make decisions. If you were perhaps more poli-“ you started only to be cut off.

“polite? Oh, my dear, I’m too important to be polite” she scoffed.

“well obviously not as I have never heard of you” you snapped back instantly.

The silence in the room and wide eyes of your newly discovered aunt sent regret through your entire body.

“I’m sorry…that was out of line” you mumbled softly as your eyes dropped to the ground.

“Maybe for a princess” your aunt stated her voice laced proudness “but not for a queen” she smiled at you as she sighed in content.

“Maybe you aren’t a lost cause. Dearest brother I will assign her one of my men to be her personal bodyguard- and before you protest you and I both know the park clan is more than capable” she stated as a man behind her passed her a slip of paper.

You had heard many stories of the park clan and their dedication to protecting the throne. your great-grandfather was once stranded in enemy territory with only one member of the park clan to protect him verse an army of a thousand men. Both came out alive.

She walked forward and passed your uncle the slip, giving him a wink before turning towards you.

“I’d be honoured if you walked with me young princess,” she said ignoring your uncle’s protests.

You nodded your head, curiosity getting the better of you as you yearned to know more about the beautiful lady in front of you.

“you, come with me” she said pointing at one of the younger looking boys. The same boy with the gaze you wanted know.

As he drew closer towards the two of you, you goggled at how handsome he was. His lips soft and pump matching with the sharpness of his jawline and the depth of his black hair. He looked older than you but not astonishingly taller; however, you could tell by his tone muscles that the man knew how to fight.

“you are not eighteen yet I can tell by the missing crown on your head and the lack of respect from your uncle” she said as the two of you walked through the halls, the young stranger close behind you.

“I’m here to make sure people don’t take advantage of you. you are an easy target, anyone could see that. You just lost your father and brother, your emotionally unstable and easy to control. I’m here to guide you in the right direction” she stated boldly.

You sighed before rolling your eyes at her last statement because it seems like everyone is trying to guide you in the right direction. How are you suppose to know which path is right if everyone ‘trustworthy’ is pointing in different directions.

“and why should I trust you?” you asked as the stares of guards caught your attention “my uncle clearly doesn’t”.

She let out a hearty laugh before nodding her head “good, you noticed the intense surrounding of guards. Your observant” she commented.

“I have a concern” you blurted out quickly causing her to turn to you quickly. You kept your eyes locked in front of you as you pondered telling her or not.

“my father and-“ you started only to be stopped by her more dominant voice.

“yes I have heard, do not worry about things like that. You have other things to worry about” she answered, dismissing you.

“this is jimin. He will be your personal guard for the time being. He’s one of our finest and will ensure your safety. He is incredibly insightful, has charm for the gods and is educated in areas such as the arts and literature” she said finally introducing the handsome stranger behind you.

“nice too meet you, princess, I promise to protect you with my life” he vowed before bowing to you. you stood a little speechless before clearing your throat awkwardly.

“I’ve never had a personal guard before so forgive me if your presence isn’t appreciated as much as it should be…er…well it’s been a long day so, I think I might retreat back to my chambers” you stated softly.

You aunts hand quickly came up to catch your arm sending guards to pull their swords in caution.

She laughed patting you gently, showing the guard’s she means no harm.

“I hate to be the one to inform you…but the day is not over yet. I’m afraid the week is also far from over. Today you will go through a test to see if you are fit to make decisions concerning parliament and the country during these six months or if the power should be entirely stripped from you until your birthday, then you will have to give a speech in front of the village leaders informing them on what will take place and honey that’s just today. Tomorrow you will talk with your advisers and see if you want to change anything concerning people in power and at your brothers funeral I wouldn’t put it past some higher ups to try and take advantage of you so we must prepare you for conversations-“your aunt explained but you cut in as your head was spinning.

“thank you. I will rest until this test you speak of...” you sighed as the weight of the throne presented itself on your shoulders.

“don’t think too much. That’s what we're here for” she said before winking at you and walking away.

You took another deep breath before turning towards jimin.

“are you too follow me everywhere?” you asked curiously as the guard stood strong, a hand near his sword at all times.

“yes, your highness” he confirmed as his eyes remained glued forward, not daring to connect with yours.

You hummed before starting your journey back to your chambers, your aunt’s words lingering in your mind.

‘don’t think to much. That’s what we're here for’

---

However hard you argued your new guard had insisted on entering your room with you, for extra precaution.

You lay on your bed in a limbo, you had just found out your brother had died but no mourning time was permitted to you. you would cry now but there was too much to think about.

Too much to learn…it was all a bit too much.

“jimin” you called quietly, the guard standing at your door staring at you attentively.

“yes, your highness” he answered as you sat up to look at him.

“I’m in need of your opinion, would you come here” you said motioning him to come closer. Jimin slowly approached you with his eyes down on the ground.

“Firstly, please look me in the eyes. We’re going to be stuck together for a long time as I don’t think my aunt has any intention of leaving and you had no trouble doing it before. Secondly, please call me y/n I want us to be friends, it makes things more comfortable for me. Thirdly…what’s your opinion on this whole thing, you have permission to speak freely” you stated.

Jimin looked at you in shock, his eyes finally meeting yours.

“opinion…on what exactly your- er y/n?” he asked nervously.

“my father and brother died merely a week from each other. My uncle tells me it is merely a coincidence. What do you think? Your honesty would be much apricated” you answered.

Jimin drew his lip in between his teeth before sighing deeply.

“you shouldn’t worry about it. You have more important things to think about” he answered hesitantly. He was very good at hiding his true feelings, his eyes stone and hard but something told you that was no his opinion.

“that’s what everyone keeps telling me Jimin. I asked for your opinion, not theirs” you whined as you flung yourself back onto your bed.

“your hi- sorry, y/n. I…do not want to encourage theories that might get you hurt” he confessed as you closed your eyes slowly, taking in the feeling of your silk sheets.

“and what does is that supposed to mean” you breathed out, sleep begging you to bed.

“I have been told that you are headstrong and stubborn. I do not want to encourage theories that I know you will investigate, thus, getting hurt” he answered as you felt his figure walk around the bed to your side.

“so…I’m to have no thoughts? No ideas? No solutions to my countries problems?” you scoffed in disgust. Is this what being queen is?

“y/n…Trust your instincts” Jimin stated strongly as you opened your eyes to look at him. “Your aunt and uncle are right, people will try to take advantage of you. you are young, but you are not three. You have thoughts and judgments. You were born for this.” He preached as you sat up to face him.

“do you think I can do this? Do you think I can be queen?” you asked shyly as his warm eyes stared into yours confidently.

“it doesn’t matter if I think you can do it. Do you think you can?”

----

Three elderly men sat in front of you as you answered questions and they scribbled away in their notepads. Your aunt and uncle stood with jimin at the back of the room, their eyes burning through the back of your head and the room filled with what you could only guess as parliament members.

You nervously swallowed the thick slab of saliva as they readied for the next part.

“This is the last question your highness” the nicer elder said as she tucked her grey hair behind her ear. “describe the relationship between the throne and the people”.

The throne and the people…

Your silence and facial confusion led one of the elder men to smirk. Expecting you to say nothing the man started standing up, almost as if he were dismissing your existence.

“the relationship between the throne and the people, can you elaborate?” you asked curiously.

The elders looked at each other before the elder who got ready to leave scoffed as if your question was ridiculous.

“the answer child is the people need the throne. Without the throne, there is no hope, no control. The throne is a representation of the people, they need the throne…dare I say they need you to survive” he spat.

The other elders looked to the ground, disappointment covering their faces.

“sorry…but I would have to disagree with that” you replied strongly, causing shocked gasps and confused looks from the entire room.

“you would disagree?” the elder asked, clearly offended.

“I do not mean to offend you, my lord. But yes, I disagree with that statement. How can the people need the throne when the throne is nothing without its people” you stated firmly as the elders leaned in, intrigued?

“Elaborate?” the woman elder asked with a kind smile.

“you say that the throne is a representation of hope and control and I agree with that but…I feel that instead of the throne being a representation of the people, the people are a representation of the throne. For example, a madman could be king, but the villagers could be peaceful and smart, just because their leader is insane doesn’t mean they are. However, if the people are in poverty, there are riots and anger on the streets is that not clear representation of the throne? The throne and the people need to work together in order to excel” you explained.

Whispers filled the hall before one of the elders spoke.

“but my dear, the throne is power” he stated with a glimmer of confusion at your explanation.

“but the people give the throne its power do they not? For what point is there of power if there is no one to guide? No one to rule? The people entrust their lively hoods and trust in the crown. That. is the true power of the throne? there is no power without the people and without power, there is no throne. therefore, the throne is nothing without the people” you concluded sending a spine-shivering realisation through the hall.

the lady elder smiled brightly at you before clearing her throat and rising from her seat.

“all in favor of permitting her highness to obtain rights to rules before her coordination raise your hand” she shouted confidently as her eyes trailed through each pair.

A shocking amount of hands were raised, their eyes filled with hope of a new era. The few people that did not raise their hands, stuck with the old one.

You wiped your head around for confirmation that you had done well only to find your uncle and aunt fighting amongst themselves. Before disappointment could seep through your being your eyes connected with jimin’s, a proud look painted over his face as he gave you a subtle thumb up.

---

“you should be proud of yourself, why do you look so sad” jimin asked as the two of you strolled through the gardens.

“why were my aunt and uncle arguing? Was it something I did?” you asked nervously.

“your aunt and uncle argue about everything, don’t worry yourself. They would argue over how you breathed if they could” jimin smiled comfortingly.

You laughed before nodding your head and taking a deep breath in.

“let’s go, I haven’t seen the village in a week and the bakers must be worried!” you chirped unexpectedly.

Jimins eybrow’s furrowed before he shook his head at your request, confusing you.

“I’m sorry y/n I’m under strict order to keep you here, in castle grounds” jimin explained apologetically.

You stared at him flabbergasted. First, they tell you to not think and now you weren’t allowed to leave the palace.

You scoffed as you placed your hands on your hips angrily.

---

“Uncle! Uncle where are you!” you shouted as you stormed through his quarters, jimin on your heels.

“ah, y/n. you seem aggravated my dear” he stated calmly as he continued writing his book.

“I’m not allowed to venture outside?” you asked in shock as you felt more and more trapped by the second.

“it’s for your own safety, you are now able to rule. we need to block you off from vultures of parliament who will try to get to you” he stated nonchalantly.

You sighed deeply before running a hand through your hair.

“so what am I supposed to do?” you asked, annoyance laced through your tone “look I understand that I’m going to be queen but first you limit my thoughts now you take away my freedom and you won’t even let me suspect something is wrong concerning my own families de-“

“Y/N! Do as I say and stop fussing over it! You’re still a child y/n, let the adults deal with this” he snapped at you.

You closed your mouth quickly, shocked by your uncle’s outburst. Not wanting to argue any further you turned on your heels and headed out, ignoring his calls of regret.

“I’m going to bed!” you called out behind you letting jimin fend off the guard’s who attempted to follow you.

---

“I’m sorry but I can’t let you go” he repeated as you paced around bedroom.

You groaned in frustration as he pulled back your bed sheets, indicating that you should get some sleep.

“great, now my guard is telling me when my bedtime is. I’m loving this” you seethed as you climbed in bed angrily.

“Goodnight, y/n” jimin sighed, clearly as done with your attitude as you were with this whole situation.

You partly felt bad for the man. He was merely your guard but was starting to become your punching bag.

You let the darkness whisk you to sleep, praying for good dreams but receiving nothing of the sort.

Vivid images of what you imagined to be your brother's headless body filled your mind, your hands covered in the rich red blood as small whispers filled the night's air.

“Next in line, Next to die”

They repeated the whispers as you held your brother's body close to yours. Streams of tears falling down your face as you tried to somehow bring him back to life.

“y/n”

You head shot up to see your father, standing above you with an emotionless stare. “You’re in danger, they’re coming for you. trust no one”

You screamed loudly as your body shot up faster than one could say bad dream. Jimin was at your side in an instant. his eyes scanning your face for expressions of pain.

“shh, it’s okay it was just a dream” he cooed as his hand gently moved strains of hair from your face, the sweat from your face making it hard for him to do so.

“it felt so real…oh god, I can’t shake the feeling that something is not right. Their deaths…they- “you started but Jimin cut you off.

“I agree…at first it seemed strange that both your aunt and uncle keep telling you to dismiss it…I was told not to speak of this too you and I’m afraid your uncle has had people watching us so I could not discuss the matter before. I think they were killed with purpose” jimin explained as he wiped your tears for you.

“you do?” you asked, hope finally filling your being. You weren’t alone anymore, someone believed the same theory that you did.

“My job is to protect you” he claimed as your breathing calmed down “meaning as much as I too believe that something is not right I need you to let your uncle deal with this. Your brothers' murder will be brought to justice and that will have to be enough for you”.

You nodded along knowing what he was saying was true to some degree. As much as you think your uncle and others don’t care, someone was looking into the murder and you will just have to trust them. It was probably best that you dug the feeling of conspiracy…but you could feel it in your bones. The truth was being kept from you.

“your uncle doesn’t trust me, and your aunt doesn’t trust your uncle. Everyone is coming after you. and I know it’s scary, but you have to focus. Y/n you are queen. The people need you It’s like you said in the throne room earlier today. The people and the throne have to work together to excel…how will you excel with these thoughts haunting your mind. For now, let it go. ” he explained.

Your head was spinning but the words falling from jimin’s mouth held truth and you understood him. He was straightforward. And correct. You are queen, you have responsibilities to your people. But you are also Y/n and you have a responsibility to yourself.

You looked up at jimin as his hand continued to stroke your back soothingly. His eyes and energy focused completely towards you. In the short time of a day you felt the bond between the park clan and the throne.

“I will give you my trust if you give me yours…I may not know what I’m getting myself into, but I don’t act without meaning. I feel as if my uncle and aunt are included in the group of people trying to take advantage of me and will make me feel like I am doing wrong if I do not follow their ways. I need your complete honesty and faith…can you give me that?” you asked shyly.

Jimin gave you a small smile before nodding his head “of course princess”.

“I will be a handful. When I make my final decision on whether or not to pursue my family’s injustice I won't back down” you stated strongly.

Jimin laughed before nodding his head slowly, his laugh sounding like bells of heaven to your ears.

You sighed in content knowing you had an ally in this game you did not want to play.

“Then tomorrow shall be a new day”

A/N: hey guys! hope you enjoyed that chapter! I know this one was a wee bit boring but an introduction to everything needed to happen I swear it gets more exciting!

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eenefangirlanalysis · 7 years

Text

“GRAB HIM!!”

Wow, I actually forgot about the kids.

By witnessing this heartwarming moment the kids realize how close the Eds really are.

I’m guessing they were putting on a charade to look angry? I don’t know, I’ve never understood why they look angry.

Do the kids really accept the Eds as friends in the end? Or are they mad that Eddy lead them on with stories for years? Eddy isn’t their friend. They have a whole new viewpoint on him now.

Or their angered faces could all be in Eddy’s imagination since this is from his point of view. Again, I really think he may have a concussion. He hit his head against that door really bad.

Where are the Kanker’s through all this? Are they just watching? By this point I feel like they’re forgotten by the writers as the next time they appear is when they’re mesmerizing over Eddy’s brother.

I do agree that they weren’t given the best ending. I will forever defend that the Kanker’s do learn and grow in the movie. The girls are here fight for their boyfriends. So, why don’t they defend them here?

The girls are not part of the in crowd.

How would the scene have gone once they all realized the kids were really leaning towards congratulating the Eds all along? It would have been awkward. The girls have never been social with the kids. They don’t understand the social world. It’s best that the girls did their own thing. The Kanker’s are unique characters leading a much different life and storyline from everyone else.

Is there a reason Sarah and Jimmy aren’t following in with the kids?

I think they must have misunderstood the kids actions as well. If Eddy’s brother hadn’t been stumbling around I think they would have been the first to aid Eddy. They’re children.

“NO! TAKE ME!” Ed hollers, running in front of the kids to spare his best friends life.

Has Ed grown or what?

He is going to defend Eddy’s life so the kids will leave his best friend alone.

Ed learned how to stand up for himself along with leadership. Although being a leader didn’t work out so well during the swamp scene, he didn’t give up.

He learned this from Eddy.

If you notice, Ed is rarely ever beat up in the series. He knows that he has fumbled many times, such as not coming to his friend’s aid when they really needed him.

Take the time where Ed didn’t save Eddy when he was taped to the back of a school bus. That was a fault by the writers because Ed should have known that his friend was in danger. They exaggerated Ed’s disability to the point where it felt as if he couldn’t live on his own.

The writers are apologizing to the audience by having Ed courageously stand up for Eddy.

This and his heroic moment defeating Eddy’s brother is Ed’s moment of growth. He has been exploring his sense of individuality. This has made his mind stronger.

Poor Eddy still hasn’t moved from his spot since he crashed along with the door on the ground. Concussion? Broken leg from ‘Uncle?’”

Edd is ready to defend Eddy.

Ed and Edd are the best friends anybody could ever have! Eddy should be lucky. Instead of leaving their friend in a desperate time of need they understand what he is going through. Each Ed has difficulty at home. They feel invaluable. Together the Eds help one another to see the beauty in life. There is hope. There is future. There is life.

Did anyone ever notice Eddy staring up at the heavens before defending himself?

“Okay! I’m sorry!...”

“...Honest!...”

“... I didn’t mean to hurt you guys!”

These have to be my favorite screenshots.

Edd and Eddy switch from defending to nobly giving themselves up.

Wow, Eddy can’t get more real then this. Eddy begs for mercy, but not in the fashion he always plays out.

Eddy says that he’s sorry. He truly never meant to hurt the kids.

This is the real Eddy.

The real Eddy could never bare to see the kids get scammed or hurt by one of the Eds inventions. Eddy has a nurturing side that he was forced to hide away for years. He is also a rather sensitive kid too, a lot like Edd.

Eddy does not want to be defended. He understands that he deserves this and got everyone into this dangerous situation which had endless consequences.

Eddy’s first step upon leaving his Bro mask.

Watch Eddy’s poses throughout the scene. Edd too. If any of you have ever watched the deleted scene from Take This Ed and Shove it Eddy’s pose in the final screenshot resembles Eddy weeping over the lost jawbreakers.

Before Edd reluctantly gives up he looks as if he is going to stop Eddy. He thinks this is wrong of Eddy to do knowing that he has been battered enough already.

This is Eddy’s decision. his first decision he has made that is his own. Not under the shadow of Bro. It’s a bold decision.

In Eddy’s mind he believes that he deserves it. This is a rather sensitive topic and I know I will get feedback and opinions on this. I analyzed the ending of Big Picture Show a year ago. I remember getting feedback regarding abuse victims. Abuse victims think they deserve punishment. I don’t know if I am saying it in the right way, so please correct me if I am wrong. I am sorry if I hurt anyone saying this. It’s okay to disagree with me.

Eddy has shown suicidal tendencies. He physically hurts himself such as continuously bonking himseld against a tree, having Ed knock some sense into him, and faking his own death. There was also that scene in Jingle Jingle Jangle where he walks off in a snow storm without shoes. Eddy was depressed upon nobody taking him in for the holiday. It’s unknown if it was just a walk to get his mind off things or if he were running away.

Eddy doesn’t have a healthy mindset.

All the Eds have shown growth in courage, strength, and the ability to change.

This is the power of friendship.

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dishonoredrpg · 4 years

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Congratulations, C! You’ve been accepted for the role of THE DEVIL with the faceclaim of MAHESH JADU. Getting to read your application was truly -- genuinely -- a gift. A treat! A joy! You touched on everything I could have wanted in an app for The Devil, from the way their body is in need of constant repair to how at its core, their loyalty is selfish, but selfish for a reason that is so incredibly human it makes you want to weep. Wraith (what a fitting name) embodied a terror, I think, befitting a spymaster, and I fully believe that they are good at what they do. I both empathize with and fear their power. I think your exploration of the void as a concept was also fascinating, and I was so happy to see you take it into your own hands and make it yours! You’ve done me a great service by letting me get to have you and them on the dashboard.

Please review the CHECKLIST and send your blog in within 24 hours.

OOC NAME: C PRONOUNS: they/them AGE: 27 TIMEZONE, ACTIVITY LEVEL: EST; my activity is pretty consistent—I’m around on Discord most of the time, and I will generally do all of my replies 3 times a week or so ANYTHING ELSE?: this group looks so wonderful! I’ve been longing for a good fantasy rp and this is so well done, so thank you!

IN CHARACTER SKELETON: the Devil NAME: Wraith ( among a half-dozen others. It’s not so much a name as a quick referent, a summons. they don’t need a name to answer when called. they had a real name, once, years ago; they don’t remember it anymore. a name their mother gave them, a name their mother spat into the ground. not the name of a child, but the name of a well-honed, well-balanced blade. they gave it up, when they went to court. it was a split-second decision, when the king asked them their name, and instead of giving the one that someone else had branded them with, they answered: my Lord, I am nothing but a wraith ) FACECLAIM: Mahesh Jadu (backups: Sacha Dhawan or Mena Massoud - though I would age the character down to 28 in Mena’s case) AGE: 35 -- ( it’s old, for an inferni; there’s no reason they should be alive anymore by all accounts, but Wraith’s magic isn’t quite as actively destructive as that of many inferni. still, it would be a lie to say the magic isn’t taking its toll. it has called in its dark favor from them time and again: first, three fingers of their left hand, now empty space; then, a part of their jaw, reconstructed for them by a court necromancer out of someone else’s bone; these days, it isn’t so much that parts of their body are going missing as their very material form seems to take longer and longer to take shape each time they move, and sometimes it is as if they aren’t anything more substantial than dark smoke unfurling, as if they themself are slowly being consumed by the void they fall through again and again. ) DETAILS: The thing that fascinates me most about The Devil is the way they seem to have traded one cage for another, one wielder from another, doing the same thing at the hands of a different master. “You are not an animal . . . You’ll show her just how beast like you can be.” There’s a layer, there, of absolute self-denial, a kind of self-obliteration in the pursuit of their vengeance. There’s something very pragmatic about them, very focused: the position is a tool, too, not something they delight in except in what it gets them. I feel like “spymaster” characters are always written as characters who delight in gossip and the abuse of information, but the Devil is such a refreshing change from that trope, in that way. I also love the complexity of their feelings about Septimus: an acknowledgement, that he is a fool, an understanding that he is a bad leader, perhaps even an understanding that he deserves to be overthrown, and yet a deliberate allegiance to him in the moment because it serves them, because it grants them power in a way they crave that power. I think there’s a sense, in that loyalty, that it is better to be an animal caged by the kind of fool who forgets to latch the gate at night; there’s a sense that if it came down to it, they could outsmart Septimus and escape him, a deliberate choice to serve a master they could overpower if they needed to. That’s what makes the difference, between their mother and Septimus, between serving one over the other: they feel that with Septimus, they are really the one in control. BACKGROUND: ( trigger warnings: sexist slurs, abuse, injury, body horror ) The first time they fall, it is an accident. Schoolyard bullies have them cornered—they’re scrawny, for their ages, and their mother is alone and poor, the kind of woman to whom vicious gossip clings. What about you? one of the kids asks, bigger than them by nearly threefold, and reeking. Are you a whore like your mother, too? Let’s see what you— One moment, the kid is in front of them and the next there is nothing but black, a void around them, empty of everything, utterly. Of light, of beings, of sensation. Of time. It feels like they are falling for an hour, but when they hit the ground, ten feet behind the boys who were cornering them, smoldering slightly with thick black smoke, it has been less than a second. Time accelerates, then, as if to make up for it: there are screams of fear, looks of terror, and the next thing they know they are choking on the ground, their mother’s hand gripped around their throat. What did you do? What did you do and how did you do it? They can’t answer her, they don’t know. They’ve never known magic before, never done anything but fear it before. Time accelerates again, between each jump, each fall. The moments between the void blur. In the void, they feel grounded in their body. When they land, they feel detached. They press into small corners, fold their body small, overhear what they can. They report back. Some days their mother cradles their hair, rakes sharp-nailed fingers through it until she draws blood. Some days she locks their door and leaves, an understanding between them both that if they fall, to get out, the punishment will be much, much worse. Some days they go without food, some days they are left so aching and bruised they can barely hang onto the rafters to listen. There are only two constants: one, that each day ends with information, shared to their mother, measured, weighted, judged; two, that the time they spend in the void, brief and silent and perfect, makes the rest somehow bearable. The crack, the split, the seam, the breaking point. It comes one day, as they are coughing blood onto the floor. Someone knows, she shouts. Someone knows about you, you filth, you rat, you traitor. Who did you tell? Who have you told? They haven’t told anyone; someone planted information, leaked deliberately within earshot, somewhere they shouldn’t have been. Someone had grown suspicious at how much their mother knew, how much power it afforded her, and someone conspired to use them to take her down. She beats them bloody, leaves scars they’ll bare for the rest of their life, but she forgets one thing, in her attempt to reign them in. She forgets, because they have never used it against her, that they can fall. They let themself spend hours, in the void, before deciding where to go. The cuts in their skin, the breaks in their bones fill, with the black smoke of it, as they float there, falling. Like a new womb, it wraps its cold smoke around them and births them anew. They don’t think they’re going to appear inside the castle walls. They don’t have to think. It decides for them. ( this is the part of the story that precedes them, the part that has already been told: a young inferni, barely sixteen, appears before the King, begs for entrance three times, one week upon the next upon the next. disappears in a cloud of smoke and returns with a blade of grass from Wyvern-Wing plains. returns with a hand full of the pink sands of the Eastern coast. returns with a midnight-blue flower from deep within the Volkan forest. though they only needed one, to convince him. when asked their name, they say my Lord, I am nothing but a wraith ) Nicknames come easily, when they forsake a true name of their own. Not just wraith, but others: raven, ghost, wolf, snake. It doesn’t mean anything to them; they are accustomed to being a beast. Their reputation for lurking in corners, unseen, leads at first to rapid mistrust, suspicion, extra precaution. Royals are no more secretive than ordinary folk, except that they have more resources, hold their secrets more precious even when they are as banal as all the rest. So the charm is something they have to learn, something they have to socialize themself to. Talented or not, no one can survive in court without learning how to talk the right way. They may not need charm, or gold, or anything but magic to get the information they need to please the King, but that does not mean that the rest of the court is as easily content. There are patterns to learn, rivalries to steer clear of, delicate spots not to aggravate; they are a quick study. It is the same survival instinct that saw them bend like a reed to their mother’s hand. Cross the wrong person, and you are as good as dead. And so they don’t. They make few friends, and make the illusion of many: trust no one, but give them all reason to believe they trust you. They learn, they work, they excel. Secrets no one should know. Priceless ones no bribe is enough to uncover. They spend their days shuttling back and forth between the court and wherever they need to do, compiling reports by day, hiding in dark corners by night. As constant as the cool embrace of the void. And then, one day, their magic has its first cost: they appear before the king and look to find three fingers missing from their left hand, only the thumb and index finger left. No scarring left in their wake, as if they were never there to begin with. Months later, it is half their jaw they leave behind, and though a court necromancer shapes shards of someone else’s bone into a replacement and seals it under their skin, it is then that they begin to wear the mask they grow infamous for—the new jaw may sit fine and prettily in their face, but it will not be the last piece of themself they lose to the void. That it means they rarely see their own face, inhuman to them and unfamiliar, with its new bone structure, is a consideration as well, but one they will not admit to. That it means they never glimpse the lingering furl of black smoke in their own eyes is not something they will say aloud. PLOT IDEAS: 1. What is the void, they think, but a manifestation of the Undying’s embrace? Some might think it heresy, but their quiet, private reverence, their silent faith is a comfort to them. The void was a womb, to them, reborn and cloaked in black. They do not adhere to the tenets of organized worship of the Undying, but they think of her as a second mother of sorts, a relationship far more personal than by all accounts they should. They think she holds them close, every time they fall. But this private zealotry, this silent dedication, might raise the hackles of those who find the organized worship of temples and priests the only true way to understand faith. It might cast suspicion on them, or make them enemies in high places they have no interest in placating. 2. Sometimes it takes several seconds, for their body to fully materialize after they leave the void. Sometimes, it takes days. Sometimes, lately, they walk around more ghost than body, black cloaks and masks the only thing giving them form at all. They are close, they feel, so close, to getting what they want, but there is a risk, razor-sharp, that they will disappear entirely when it is just at their fingertips. Inferni aren’t meant to live so long, after all, are supposed to burn out in chaotic destruction, their own bodies traded for the magic they wield. But other inferni have lived as long, other magic users have found ways to circumvent the cost of their gifts. And if anyone can find the ones who have, can learn how they have done it, it is the wraith who knows all secrets. 3. They have heard so much talk of coups, in the intel they collect, the gossip they confirm. It seems everybody wants to be a part of a coup, at some point or another. Revolutionary aspirations have never been their cup of tea. Their work shelters them; the King provides everything they need. But they stand as a valuable resource, to either side, and while they are loyal to their king now, it is not out of any love for man nor nation. It is out of a loyalty to power, a loyalty to access, a loyalty to usefulness. If they were to receive a better offer, if the tides were to shift, just so, if there was a way to assure that someone else could keep them alive… they could find themself falling to the other side, or at least playing the field for both. Their dedication to the King is dedication to a fool whose power serves their needs; that doesn’t mean the Hierophant doesn’t have a point about the way magic could be used. Hungry dogs are never loyal, after all, and though the King has kept them well-fed, some masters offer crumbs and others steaks. CHARACTER DEATH: I’m absolutely fine with the possibility of them dying, and I look forward to the idea of playing/plotting a new character to replace them if that’s the case!

WRITING SAMPLE It was dark, at the docks, sun long gone, and darker beneath the wooden piers, by the struts that held them up above the water. The waves were glassy and smooth, like tourmaline, the tide low, lapping below their feet where they hung, half-suspended, beneath the docks, mask pulled low across their face. Dark clothes, dark mask, dark gloves, tendrils of the void around them and still fading from the fall from the castle to here. There was a meeting. Supposed to be a secret, but they had heard tell of the time and place, the collaborators involved. They would have been there even if revealing themself had not been an option, but this time… there was a question, furiously turning in their mind: would they pull themselves out of their perch, step out into the light, let those involved see the mask on their face and know they were there? Or would they do as they were told, as they usually did, deliver the message back and be done with it? They had spent plenty of time spying in the docks before, tracking black market deals, watching bargains and trades, keeping an eye of the coming and going of not only goods but people. Who spoke to whom, who wanted what. It was easy to hide, here, plenty of small, dark places to slip into, not to mention that no one ever seemed to look down. But the docks were the place of commonfolk and petty nobles. Of those getting rich off illegal goods, or bribing others into silence. It wasn’t ordinarily the place one came to talk of a coup. And yet… They pressed their ear closer to the wooden planks, closing their eyes to block out every sense but sound, a practiced trick to hear even the lowest of whispers from their hiding place. That was what the conversation was about—or, no, it wasn’t quite. That was the problem, perhaps. Careful language, as if cautiously avoiding saying the kind of forbidden words that could foment a rebellion. But the voices were talking about Koldam, and if they’d noticed anything of late, it was that Koldam had become something of a code word. A signal, from one rebellious upstart to the next. They’d even heard it within the walls of the castle, in places they weren’t meant to be. There was a different tone to it, now, one that gave them pause: before, talks of revolution had been full of determination, boldness, grandeur. Yes, people whispered about it in shadowed corners, but they did so too loudly, and with alcohol on their breaths. This… This was different. Cold steel and careful rationality. Best-laid plans. And coming, not from disgruntled laborers or upstart nobles, but from people it shouldn’t be. They could have easily hoisted themself up, from where they were, onto the pier in one swift motion, but instead, they let go of the strut, plummeting to the water, and disappeared an instant before slicing through the surface, a measured dive into the void that left them landing on the pier above in a crouch. Mostly material. Close enough that no one would see, behind their mask, if they weren’t. Black smoke rising off of them like fog. “You might want to be careful what you say, talking like that,” they said, voice quiet but sharp and clear even through the mask. “You never know you might be listening.”

EXTRAS x. playlist x. pinterest board x. mockblog

#accepted #accepted: the devil

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shaledirectory · 6 years

Text

Marcellus Shale Coalition Lays Out All the Legal Flaws in DRBC Fracking Ban

Tom Shepstone Shepstone Management Company, Inc.

The Marcellus Shale Coalition filed 71 pages of commentary on the legal problems with the proposed DRBC fracking ban. Read it and weep if you’re the DRBC.

The Marcellus Shale Coalition has jumped into the battle over the proposed DRBC fracking ban in a big way. It filed 71 pages of comments with the DRBC on March 29, which may be found here. There are three elements to the submission; (a) a tough letter from David Spigelmyer, MSC President, (b) a lengthy legal analysis, and (c) supporting technical comments. All are excellent and the message for Steve Tambini, the DRBC Executive Director, is simple; your failure to lead is going to make you the fall guy for having destroyed the reputation of this agency, even though it was your predecessor who took the first fatal steps.

Carol Collier, the former Executive Director of the DRBC, was the individual who decided the DRBC would go a different direction on gas drilling and created the mess we now have. Her vision of the DRBC, contrary to those who went before her, was as a regional super-agency responsible for regulating land use and protecting the environment. She colluded with the Delaware Riverkeeper and its funder, the William Penn Foundation, to engineer a moratorium on gas drilling that would be in place forever but for the currently pending lawsuit from the Wayne Land and Mineral Group.

Steve Tambini had an opportunity to straighten it out and apparently made some moves to do so. But, in the end, he has turned out to be a weaker leader than Carol Collier and left the agency like a canoer without a paddle trying to navigate Skinner’s Falls; batted against first one rock and then another as the politicians have treated the agency like a rubber ducky. He has become the perfect follower and now simply does what he’s told by his Commissioners without any attempt to educate them on the issues, the implications or the likely outcomes. There’s not so much as a thread of independence left in the agency. It is now captive to the Machiavellian pols and the special interests they seek to appease.

Only the courts can now put manners on the DRBC and, as we await a decision on one case currently before the Third Circuit of Appeals, another lawsuit over the proposed DRBC fracking ban begins to take shape. Dave Spigelmyer’s letter couldn’t be more direct. Here are a few excerpts (emphasis added):

To prohibit the development of this critical energy resource, as the Commission seeks to do, defies common sense, sound science, responsible policymaking, and perhaps most importantly the authority of the Commission and the United States Constitution. It improperly infringes on the property rights of thousands of property owners within the basin and relegates them to second-class citizens while depriving their families and communities of the economic opportunities that rightfully belong to them. The Commission’s action is motivated by political considerations and calculations that mock the rule of law while undermining the credibility and integrity of the commissioners elected to serve the public…

The DRBC has no authority to prohibit so-called High Volume Hydraulic Fracturing (HVHF) permanently in the basin. Not only does the plain meaning of the Compact preclude finding that DRBC has such authority, but the long-standing history and negotiations of the Compact offer clear evidence that neither Congress nor the DRBC Compact States intended for the DRBC to have the authority to ban any industrial, commercial or residential use of land in the basin.

Furthermore, despite DRBC’s erroneous assertion otherwise, Article 5 of the Compact does not provide the DRBC with the authority to ban so-called HVHF permanently simply because of the perceived risks of spills. Indeed, the authority found under Article 5 is limited, and whether read individually or collectively, the various sections cannot be manipulated into authorizing the DRBC to impose a permanent ban. To do so, in fact, would not only interfere with each individual state’s sovereignty, but it ultimately would render various other provisions of the Compact meaningless…

Such a ban would effectuate a categorical regulatory taking of the property interests of gas-only property owners, and would also effectuate a regulatory taking of property from individuals who own both the gas and the surface estate… The proposed permanent ban, in addition, would violate both the due process and equal protection principles of the Fifth Amendment…

It is clear that a majority of commissioners have already made up their political minds on this matter. Indeed, while DRBC staff stressed publicly several times that no final decision or action had yet been taken by hosting multiple public meetings and extending the public comment period, it is noteworthy that on September 13, 2017 a majority of the commissioners issued a press release congratulating themselves on banning natural gas development within the watershed and depriving their own citizens of their fundamental private property rights.

Pennsylvania Governor Tom Wolf demonstrated the blatant political motivation of this rulemaking by stating that he “supported this resolution since was a candidate for Governor of Pennsylvania.” Such a statement renders consideration of any actual science and data moot, while relegating the public comment period to a charade. Ironically, Governor Wolf recently extended an agreement with the state governments of Ohio and West Virginia to enhance regional cooperation and further the development of natural gas within the Appalachian Basin.

In the MSC’s view, the DRBC is legally obligated to review and consider fairly the comments submitted to it, without harboring prejudice. Public statements by commissioners of the DRBC that a ban of hydraulic fracturing is a foregone conclusion demonstrate that this rulemaking is not undergoing a deliberative process, open to modification or withdrawal, as required under the rulemaking procedures of the Commission…

The Commission has failed in its most fundamental responsibility: to allow reasoned science and the interests of the citizens it represents to guide its actions and decisions. The Commission unlawfully and permanently seeks to take the property owned by landowners in Pennsylvania and neighboring states without due process or just compensation. It substitutes the political interests of elected politicians for the inherent rights of the citizens they represent by asserting falsely and without justification that natural gas cannot be developed safely within the watershed.

That about says it all but the legal arguments and technical comments also deserve attention, as they debunk every argument made to date for the DRBC fracking ban and make it unmistakably clear where this thing is headed and how it is likely to be decided. Here’s what I take from the legal discussion:

The proposed DRBC fracking ban would prohibit high volume hydraulic fracturing within the Delaware River Basin. Because Pennsylvania is the only Basin state with significant gas reserves that does not already prohibit HVHF activities, the ban would impact it only.

The foundation for the ban relies, as a practical matter, upon speculated risks of inadvertent spills and releases that do not qualify as legal justification. Water acquisition, consumptive use, siting and landscapes are already addressed by other Compact provisions, leaving only Section 5.2 and reliance upon potential spills and releases as ban excuses.

Yet, DRBC staff, relying upon Pennsylvania DEP, previously told a Federal Court, in another matter, how Pennsylvania’s comprehensive regulatory program eliminates, reduces, and minimizes the very same perceived risks that it now asserts to justify a ban.

The DRBC also cites its own regulations as authority for the ban, but, as a creature of the Compact, the agency has only those powers conferred upon it through that agreement and accompanying legislation. The DRBC cannot expand its own authority, as it does in this case.

Moreover, in the absence of a clear statement to the contrary in the Compact, “each State left to regulate the activities of her own citizens.” Any surrender of state sovereignty must “be treated with great care, and the Supreme Court has stated that courts should not find a surrender unless it has been ‘expressed in terms too plain to be mistaken.’”

As an illustration, the Supreme Court rejected the U.S. Army Corps of Engineers’ assertion of jurisdiction over certain wetlands, noting the “government’s expansive interpretation would result in a significant impingement of the State’s traditional primary power over land and water use.”

This case law is why, since its creation in 1961, the DRBC has not attempted to ban refineries, nuclear power plants, chemical plants, pharmaceutical manufacturers, commercial farms, or, until recently, well pads and natural gas wells; it doesn’t possess the authority. More importantly, it cannot expand its authority through the back door.

The Compact does allow DRBC to classify waters of the basin and then “establish standards of treatment of sewage, industrial or other waste, according to such classes,” and can “require such treatment of sewage, industrial or other waste within a time reasonable for the construction of the necessary works.”

Jurisdiction to classify waters and establish standards for, and require, treatment of wastes that are discharged into those waters, does not entitle the DRBC to ban an activity or preclude an otherwise lawful use of private property. If the DRBC had such broad authority, it could simply use it to ban any human activity that might cause pollution.

The DRBC is not, and was never intended to be, a regional super-regulator or zoning authority, with veto power over the use of private property. If DRBC attempts to so expand its authority go unchallenged, the DRBC would, in effect, have a form of police power exceeding States. Under the guise of controlling “future pollution,” the DRBC would be able to dictate when, where, and under what conditions any human activity can occur in the Basin.

The DRBC’s core mission was, and properly remains, coordinating development of water projects to meet water needs of Basin residents and New York City. The DRBC has historically understood its authority was limited to classifying waters of the Basin and establishing standards for, and requiring, treatment of wastes discharged into those waters.

In 1973, in response to the 1972 Federal Water Pollution Control Act amendments, the DRBC relinquished its program on pollution abatement schedules in favor of the federal NPDES and state programs. It said it was now spending more time coordinating and reformulating water quality standards, reworking assimilative capacity allocations, developing better monitoring programs” and occasionally arbitrating some interstate issues.

Summarizing, the DRBC’s interpretation and application of its Compact over many decades provides compelling evidence it has always understood Article 5 authority to be limited to classifying waters and establishing standards for, and requiring, treatment of wastes discharged into those waters. It has never interpreted Article 5 to authorize a wholesale ban on anything.

There are other legal problems as well. The ban would result in categorical and other regulatory “takings” of property, for example. Because vertical wells would not be feasible as a means to recover gas in the Basin, the ban would fully and permanently prevent owners of but gas rights from making any economical viable use of their property – a categorical regulatory taking. There is also a good argument for regulatory takings in the case of owners with surface and gas rights on the basis that there is no environmental justification for the huge declines in property values.

Even assuming, for argument’s sake, the ban would not effectuate regulatory “takings” of property in the Basin, it would, nevertheless, violate substantive due process principles. There is a wealth of evidence to show, contrary to DRBC claims, shale gas production activities are safe for water and other environmental resources. There is, therefore, no rational basis for a ban.

The proposed permanent ban would likewise run afoul of equal protection principles. When a governmental action creates a discriminatory classification system, the validity of the action, from an equal protection perspective, is determined by certain tests, including whether the discrimination bears “a rational relation” to a legitimate governmental purpose. The proposed permanent ban would not pass the test as it would effectively prevent members of the oil and gas industry from producing gas in the Basin but, at the same time, would not prevent those in other industries from undertaking their business operations in the Basin.

This discriminatory classification system, in other words, would not “bear a rational relation” to a legitimate government purpose. It would be arbitrary and irrational because it would be premised on a perceived risk of spills and releases from one activity (HVHF) in one industry (oil and gas), even though there is an equal or greater risk of spills and releases from various activities that occur in various other industries, including the refining, energy-generation, chemical, landfill, paper, technology, farming, sewage, wastewater treatment, and housing.

Finally, as a general matter, an agency action will be set aside if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. The DRBC identifies what it claims are certain undue impacts that HVHF activities have on “Water acquisition,” “Consumptive use,” and “Siting and Landscapes.” but as the MSC’s technical comments and information demonstrate, shale gas production activities do not unduly impact those things any more than, and in many respects less than, other business operations that are conducted in the Basin. Because the undue impacts are merely imagined by the DRBC, a ban would not be justifiable as means of addressing them. DRBC action must be supported by “substantial evidence” that simply doesn’t exist in this case.

These are the hurdles DRBC fracking ban has to overcome to be successfully implemented and they are many and high. The Marcellus Shale Coalition has done the citizens of the the upper Delaware River Basin right by these comments. The association deserves our many thanks for a job superbly done.

The post Marcellus Shale Coalition Lays Out All the Legal Flaws in DRBC Fracking Ban appeared first on Natural Gas Now.

https://www.shaledirectories.com/blog/marcellus-shale-coalition-lays-out-all-the-legal-flaws-in-drbc-fracking-ban/

#shalebusinessinformation #dailyinformationonshaleindustry #fracking

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